Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1887-07-22
Compensation for Slaves.

formerly owned slaves on MAI ylduu, anu "eie
deprived of such property by emancipation,
are not entitled to compensation from the gov
eminent of the United States? The Supreme
Court of the United States decided in effect in
1912, in Priggs case, that the existence OF
slavery ia any State depend wholly upon
the laws of such State. The State OF Mary
land, by the oath article of the declaration OF
rights of the constitution of 1864. declared
that there should be thereafter in that State
neither slavery nor involuntary servitude ex-
cept in punishment of crime. whereof the party
shall have been duly convicted; and declared
that all persons therein held to service or la
Dor as slaves were free. Tais constitution
was declared in October, 1864, by the procla-
nation of the Governor of the State to have
been adopted by the people Of Maryland 1t
therefore appears that slavery was abolished
in Maryland in 1864 by an organic law of thai
State. The thirteenth anne ndment Of the con-
stitution of the United States, adopted in 1865,
declared that neither slavery nor involuntary
servitude, except as punishment for crime,
should exist within the United States. Slavery
had ceased to exist in Maryland for more than
one year before the adoption of this amend
ment. 1t is quite evident, therefore, that the
particular amendment did not deprive any
citizen of Maryland of his slave property, or
afford to such person any ground oil claim
against the United States because of his loss OF
such property.-Baltimore Sun l4th inst.
The sam thus sets forth, with its usual
clearness and accuracy,the superficial view
of this important question, which, upon
its face, does indeed seem to be conclu-
sive of its merits. But the real merits of
this question, whatever they may be, lie
behind the facts thus set forth by the Sun
as the premises of lis opinion.
II it were a conceded fact that the con-
stitution of Maryland of 1864, by which
Involuntary servitude in the State was de-
clared to be forever abolished in this
State, was the free act of the qualified
citizens of the State, then there would
certainly be no ground at all upon which
to base claim against the Federal Govern
ment for such slaves as were thereby eman-
cipated. But the question would still be
open as to such as were enticed away by
passing Federal armies, or were impressed
into the military service of the govern
ment.
But the constitution of 1864 cannot be
regarded as otherwise than revolutionary
measure, made possible by the existence
of the civil war and the presence and inter
ference of the Federal armies in the State
1t was declared adopted upon the votes
of decided minority of the qualified
voters of the State, and included in this
minority were the votes of many soldiers
taken outside of the limits of the State
many of whom were not citizens of the
State at all. The majority of the intelli-
gent and qualified citizens of the State
were excluded from voting by the most
arbitrary and outrageous test oaths i'm
posed upon them as prerequisite Of their
right to vote, by the usurpative and un-
constitutional act of the trump" Legisla-
.os 1864.
Gov. Bradford, in declaring the alleged
constitution Of 1864 adopted upon the
votes Of this contemplate and fraudulent
minority, and in excluding the votes OF
thousands of the best citizens of the State,
which would have changed the result,
acted in obedience to the unconstitutional
usurpat;on of the trump Legislature, con
tanned in the Act of 1864. Chapter 5. And
the Court of Appeals, when it refused to
compel Gov. Bradford by mandamus to do
his duty, or to declare the act of 1864 and
all proceedings under it void for uncon-
stitutionality, acknowledged itself to be
deferred from doing its plain and impera-
tive duty in the premises through fear and
moral duress resulting from the turbulent
state of society attendant upon the then
pending civil war.
1t is apparent, therefore, that the So
called constitution of 1864 was not the act
of the people of Maryland; but the result
of conspiracy and usurpation by the
trump" Legislature of 1864. This brings
us to the important inquiry as to whether
there was not at that time such an inter-
ference by the Federal military authori-
ties with the internal civil affairs of Mary
land as will attach to the Federal govern
ment moral completely with the revolu-
tionary action of that time. Upon this
point no better authority than that of
Governor Bradford himself need be in
voked. In his message to the Legislature
he thus speaks of the state of affairs at the
November election 1868.
"Unless it be indeed fallacy to suppose that
any rights whatever remain in a loyal State,
hot inc - hot he he IF
Federal power, holder stride across that line
that power never made, even in a rebel State
than it did here on the 4th of last November
A part of the army, which generous people
had supplied for very different purpose was
on that day engaged in sitting the freedom of
election in a faithful State, intimidatiDg its
sworn officers, violating the constitutional
rights of its loyal citizens and obstructing the
usual channels OF communication between them
and their Executive"
Thus it seems impossible for the Federal
government to escape responsibility for
the existence of the revolutionary body
known as the "rump" Legislature of 1864
To this let US add the words of the Court
of Appeals in the case Of Miles vs.. Brad
ford, % Nd, 1s5, where they excuse them
selves for not exercising their plain duty
of declaring the act of 1864 void for un-
constitutionality "Those cases in which
the Supreme Court adopted that course
[of declaring an unconstitutional act void
with one notable exception, were not cases
in which society scas shaken to its tounda-
tions By cira diseord, and parties arrayed
against each other with intense bitterness.
If De cannot su6due the strife, zoe oiN not
odd fuel to the flame" From these facts it
will appear that instead of guaranteeing
to this loyal State "a republican form of
government" as it was bound under the
constitution to do, the Federal govern
ment was at that time, through its mill